D.C. Circuit Court of Appeals

The Montreal Protocol Is Not A Climate Change Statute

New EPA Regulation To Cut Emissions From Coal-Fired Plants In US

Earlier this week, the D.C. Circuit Court of Appeals struck down part of an EPA rule promulgated pursuant to the Montreal Protocol.


The Clean Air Act’s good neighbor provision prohibits upwind states from emitting air pollutants in amounts that will “contribute significantly to nonattainment” of a national ambient air quality standard in a downwind state.